Revolutionary War Pension and Bounty Land Warrant Application File S. 17945, James Fairlie, New York

SERVICE
NUMBER
New York
Fairlie James
S. 17945 B.L.H. 733-200. Lieut. Issued Jan. 13, 1791. No papers. carded
CONTENTS

New-York City James Fairlie, dec d Act May 15. 1828.
~ Lt 795
Order to pay Arrears - See letter to J Fleming, July 16. 1836. New York (service)
Soldier died Oct. 10, 1835. See Legacy Book.

War Dept.
Plenipotentiary July 6. 1836.
Sir,
I will be obliged to you if you will send by the p

For the purpose of obtaining the benefits of an act entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution" approved the 15 th May 1828 — I James Fairlie of the City and in the County of New York in the State of New York — Do hereby declare that I was an Officer in the Continental line of the Army of the revolution with the rank of Lieutenant in the Second New York Regiment until the fifteenth day of May One thousand seven hundred and eighty, when I was appointed in General orders Ad d Camp to Major General Baron de Steuben with the pay and emoluments of a Major in the line of the Army and continued as such till the end of the war — And I also declare that I afterwards received certificates commonly called commutation certificates for a sum equal to the amount of five years full pay of a Lieutenant in the Army which sum was offered by the resolve of Congress of the 22 nd March 1783 instead of half pay for life to which I was entitled under the resolve of the 21 st of October 1780
Witness my hand this Second day of December in the year One thousand eight hundred and twenty eight.
J. Fairlie
Before me Richard Riker Recorder of the City and County of New York in the State of New York personally appeared this day Nicholas Fish and Theodosius Fowler of the said County who did severally make oath that James Fairlie by whom the foregoing declaration was subscribed is known to them severally to have been an Officer in the Army of the Revolution in manner as therein stated
Witness my hand this 2 nd day of December in the year 1828 R. Riker
Nich Fish Theos Fowler
I Nicholas Dean Clerk of the Court of the County of New York do certify that Richard Riker — before whom the foregoing affidavits were sworn was at the time a Recorder of the City of New York and duly empowered to administer oaths.
In Witness whereof I have hereunto set my hand and affixed the seal of the said Court this Second day of December 1828
N. Dean, Clk.

No. of Original papers 295
1312.
REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT.
6 Dec 1828.
James Fairlie — of New York — in the County of  in the State of has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such to the end  of the war,
at which period he was a Lieut. Col.  as Camp to Genl. Steuben in the — regiment of the N. York line; and that he received commutation certificates for the five years full pay granted by the re- solve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, nothing , dollars, paid to him by the agent  in the State of
The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.
By Order of the Secretary.  W. Dickson.
62805 16
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
Dec. 9. 1828
It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to James Fairlie  Lt. Col. in the New York line, amounting to sixteen hundred dollars.
It further appears that James Fairlie  not is now on the pension list of the army agency, and has been since the 3 March 1826 at the rate of  per month
Richd. Hagner

I
14945
INVALID.
File No. 17,245
James Hurlie
Lt Revy war
N Y line
No 795
Act: May 15 " 28 on N Y roll
Index:—Vol. 1 , Page 122
[Arrangement of 1870.]

1921. May 24, Alfred Nelson advised place of burial not stated,

July 16. S. H. Clarke
Oct 1888
Ames
Franklin
D. 4320
S. 16320
St. Lawrence
St. Lawrence
Edwards Esq.
Sept. Pension
Washington

July 16 J. A. Clarke
Oct 1828
Myrsine
Ames
Hawkins
P. 320
C. 1828
Hawkins
P. 320
City N.Y.
Sept 6. 1828
Edwards Esq.
Sept 6. Pension
Washington

From Genl. Armstrong dated 1. & recd 3 Feby 1829
Physick 3 2 Feb 3
12 1/2
Major James Fairlee
New York.

The Case of Major James Fairlie of the City of New York is most Respectfully Submitted:
It is understood that it has become the settled rule to extend the benefits of the late Act of May 15 1828. according to the terms of the half pay Act of 28 October 1780.
By a resolve of June 5 1776. it was provided that Aidde Camps to Major Generals should rank as Major s.
By a resolve of March 24 1777. it was provided that the pay of Aidde Camps should be equal to the pay of other Officers of the same rank.
By a resolve of May 27 1778. it was provided that all Aidde Camps in future should be taken from Captains and Subalterns in State lines and should be allowed twenty four dollars per Month in addition to their regimental pay; and that Aidde Camps then in service who could not have had commissions in any State line should receive commissions according to the rank they held in virtue of former resolves.

resolves and pay accordingly.
Major Fairlie was a Lieutenant in one of the Regiments of the New York line, and being such was appointed an Aide de Camp to Major General Baron Sturcken by a General Order of May 15 1780. and served as such to the termination of the war.
The half-pay act of 21 October 1780 provides, "that Officers who shall continue in Service to the end of the War, shall be entitled to halfpay for life ."
The single question is whether under this present Act Major Fairlie, is entitled according to his pay as Lieutenant , only, or in other words, whether he is now to be so restricted by construction, when according to the terms of the resolve of 21 October 1780, he was entitled to half pay , without any qualification or restriction whatsoever, for the additional pay was equally pay with pay in the line
It is true that the resolves of January 26, and February 11 1784 required that the commutation Act should receive a strict construction, that its benefits

benefits should not be extended to any case not expressly included in it and that aid de camps should receive commutation only according to their pay in the line; but those resolves were ex post facto, neither do they apply to the late act which has always been liberally and beneficially interpreted.
If an aid de camp of a Major General not belonging to any State Regiment had been appointed before the 27 th May 1778. it is presumed that according to many cases already decided, he would have the benefits of the late Act according to his rank of Major and it would seem to be a hard construction, to place Major Fairlie in a worse situation on account of his commission in a State line than aid de camps who without such commissions might have been appointed before the date of the said Act and received commissions afterwards according to their rank in the Army, in virtue of the resolve of the 5 th of June 1776 and pay according to the resolve of 24 March 1777 as in the cases it is believed of General Washington and Col. Platt and (probably) all the aid de camps of

Dear Sir,
Red Hook 1 st Feb y 1829.
Your letter of the 28 th ult o . was received by our last mail, and I hasten, (as you wish) to state on the subject of it, that I never held a commission, other than that of a Major in the Continental line, and which was given to me as the Aid de Camp of a Major General, in execution of a law of Congress bestowing on an aids of this description the rank of Major in the line, and on those of the Commanders in Chief the rank of Lieut. Colonel. By looking at the proceedings of the Congress of the Confederation you will undoubt be able to find the Act I speak of, and under which your claim is no doubt provided for. as from the Baron's appointment of you, and the Commander in Chief's recognition of his act, you became entitled to a Majority in the line, whether you did, or did not receive a commission to that effect. My commission was not issued till 79, yet I had served as an Aid de Camp from the 27 th of Decem r . -76 & my commission when it did come, was so dated. I know nothing against the preceding conclusion, unless there was some new regulation of Congress with regard to aids de Camp, after my appointment, and the provisions of which (if such did exist) I have entirely forgotten. Sincerely wishing you well, I am dear Sir your friend & servant
John Armstrong

Mechanics Bank New York 12 th July 1836
Sir
I enclose for your examination the papers in the case of James Fairlie deceased, who was a pensioner under the Act of 15 th May 1828, and who died in 1830,
This pensioner's name was reported to this Agency James Fairlie ,
I am Very Respectfully Your Ob t Servt Jn s Fleming Pres t of the Ag y .
James L Edwards Esq Commissioner of Pensions

James Fairlie Revd Claim - Adjutant Huttons Certy and affidavit.

Extract from my Orderly Book dated Head Quarters Morris Town 15 th May One thou- -sand seven hundred and eighty.
"Lieut James Fairlie of the second New York Regi- "-ment is appointed Aid de Camp to Major General "Baron Steuben and is to be obeyed and respected "accordingly
I Christopher Hutton of the Town of Stuyvesant in the County of Columbia in the State of New York do swear that I was Adjutant of the second New York Regiment in the Army of the United States in the Revolutionary War on the fifteenth day of May One thousand seven hundred and eighty and that the above extract of the Orderly Book kept by me as Adjutant of the said Regiment is exact and true
Christ r Hutton
Sworn this 12 th day of November 1828
before me Meigs Butler, one of the Judges of the Common Pleas Columbia County
I Warren Bay Clerk of the Common Pleas of the County of Columbia in the State of New York certify that Medad Butler Esquire before whom the forego- -ing affidavit was sworn, was at the time a justice of the of the peace of Columbia County peace duly empowered to administer oaths - In testimony whereof I have hereunto set my hand and affixed the seal

of the said Court this thirteenth day of November in the Year of our Lord one thousand Eight hundred and twenty eight
F. M. Buckman
Dep. Clerk
A decorative flourish consisting of three connected loops, resembling a stylized signature or a calligraphic ornament.

Adjutant Hutton Certified Copy of a General order 15. May 1780 of J. Fairlie, appointment as aid de camp
Col. Mr. Sup. Comd. New York. James Fairlie

Adjutant Genl. Stone Certified Copy of General
order 15. May 1780
of His Excellency General Washington
James Mairley Esq. Chf. Sup. Court New York.

James Fairley Esq.
Dear Sir
I have found as you suggested. There must be an Order from the Commander in Chief in one of my Coderly Books of your Appointment as follows Viz.
"Lieut. James Fairley of the 2 nd New York Regt. is appointed Aid de Camp to Major Genl. Baron Steuben, and is to be obeyed and respected accordingly."
I do hereby certify the above to be an exact and true extract from an order Dated Head Quarters Morristown May 13 th 1780.
Christ o Hutton
late Lieut. & Adj t of 2 nd N. York Regt.
Skaneateles Sep r . 30 th 1828.
Christopher Hutton whose Name is subscribed to the above Certificate is well known to me he was Adjut t of the 2 nd New York Regiment in the line of the Army of the United States in the War of the Revolution of which Regiment I was Major - The above Certificate and signature are of his hand writing and full faith and credit are due to the facts stated by him - And I further certify that Major James Fairlie was in Baron Steuben's family as Aid de Camp for several years and until the conclusion of the War New York October 10. 1820 - I was a Captain in the said Regt. VICTORIA at the Period mentioned, and Cunnur in the above Certificate Thos  Thos Hutton

Act 1828
Settled at
Treasury
Cons d with
Invalid file
# 17.945

New York 2 nd December 1828
Col o Ogden
Dear Sir
I herewith enclose to you the vouch deemed necessary to support my claim to compensation for services in the army of the revolution, after the information I have received, that Major Platt, and Mr Duponceau (who was in Baron Steuben's family also) and probably others, have had their claims allowed and received their compensation of Captain's pay, I shall consider myself as very materially aggrieved and chagrined indeed. — I hope you will also pay particular attention that the compensation shall be at all events similar to what has been allowed in several cases, viz Col o Cortlandt, Col o Fish, Major Hamilton of South Carolina and many others, that is the monthly pay of the officers of Artillery. I now request in addition, to the trouble you have already taken, to bring my case to a close as soon as possible, and you will deduct from the sum allowed me ten per cent for the two years pay as your commission, and remit the remainder to me in a draft on the branch Bank in this city. —
I will also be obliged to be advised how I am to apply for the half years pay due the 3 rd day of September last, and so on —
I Am your obliged friend and humble Servt
J. A. Smith

1795 1870.
201 Sanford St Flushing, N.Y. May 1/21
Hon. Com r of Pensions Washington D.C.
Dear Sir
My wife's grandfather was Major Jas Fairlie of the Revolutionary army, an aide to Baron Steuben, and one of the early Secretaries of the Society of the Cincin- nati. His home was at No 41 Cortland St. New York City, where he died, and my wife desires to learn where he was buried. The managers of Trinity Church Corp n in N.Y. City cannot find any record on their books, nor can the Quarter Masters Dept. at Washington D.C. who recommend me to apply to you. If you can assist in this matter, I shall be much obliged
Yrs truly Alfred Nelson

Rev. War Section.
May 24, 1921.
Alfred Nelson, 801 Sanford St. Flushing, N. Y.
Sir:
In response to your letter of the 6 th instant, you are advised that in the Revolutionary War pension claim, Survivor File No. 1794v- 1 of James Fairlie, Major and Aid-de Camp. who died October 10, 1830, the place of his burial is not stated, nor is it known where you could ascertain it.
Very respectfully,
Washington Gardner
Commissioner.